Bill Text: PA HB216 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for verification of person accepting offer of credit.

Spectrum: Moderate Partisan Bill (Republican 35-6)

Status: (Introduced - Dead) 2011-01-25 - Referred to CONSUMER AFFAIRS [HB216 Detail]

Download: Pennsylvania-2011-HB216-Introduced.html

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PRINTER'S NO. 166
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 216 Session of2011
INTRODUCED BY BAKER, CLYMER, J. EVANS, MAJOR, BARRAR, BOYD, GEORGE, GINGRICH, GODSHALL, GOODMAN, GRELL, HARHART, HARRIS, HORNAMAN, KAUFFMAN, M.K. KELLER, McGEEHAN, MILLARD, MILLER, MUSTIO, O'NEILL, PICKETT, RAPP, READSHAW, SCAVELLO, VULAKOVICH, WATSON, DENLINGER, HARHAI, GILLESPIE AND CAUSER, JANUARY 25, 2011
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 25, 2011
AN ACT
Providing for verification of person accepting offer of credit.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Verification required.
A credit card issuer that mails an offer or solicitation to
receive a credit card and receives an acceptance of that offer
that lists an address that is different from the address on the
offer or solicitation shall verify the change of address by
contacting the person to whom the offer or solicitation was
mailed before issuing the credit card.
Section 2. Verification process.
A credit card issuer shall be deemed to have verified the
address of a person pursuant to section 1 if the issuer does any
of the following:
(1) Telephones the person at a telephone number
appearing in a publicly available directory or database as
the telephone number of the person to whom the offer or
solicitation was made and the person verifies his identity by
providing identifying information and acknowledges his
acceptance of the offer or solicitation.
(2) Receives from the person accepting the offer proof
of identity in the form of an identification document,
including, without limitation, a driver's license or
passport, which confirms that the person accepting the offer
or solicitation is the person to whom the offer or
solicitation was made.
(3) Uses any other commercially reasonable means to
confirm that the person accepting the offer or solicitation
is the person to whom the offer or solicitation was made,
including, without limitation, any means adopted in Federal
regulations.
Section 3. Liability for unauthorized use.
Notwithstanding any other provision of law, a person to whom
an offer or solicitation to receive a credit card is made shall
not be liable for the unauthorized use of a credit card issued
in response to that offer or solicitation if the credit card
issuer does not verify the change of address pursuant to section
2 prior to the issuance of the credit card, unless the credit
card issuer establishes that the person actually incurred the
charge on the credit card.
Section 4. Change of address.
When a credit card issuer receives a written or oral request
for a change of a cardholder's billing address and subsequently
receives a written or oral request for an additional credit card
within ten days after the requested change of address, the
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credit card issuer shall not mail the requested additional
credit card to the new address or, alternatively, activate the
requested additional card, unless the credit card issuer has
verified the change of address pursuant to section 2.
Section 5. Effective date.
This act shall take effect in 60 days.
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